Policy Code: GBM

Adoption Date: Tuesday, April 22nd, 2014

GRIEVANCE PROCEDURES

The Board of Education recognizes employees are entitled to speak freely on matters of public concern. However, matters involving internal affairs should be handled following the grievance procedures outlined in this Policy.

Employees shall not exert pressure upon the Principal, the District Director, the Superintendent of Schools, or the Local School Board by soliciting support from individuals or groups. The sharing of personal grievances with the public or students will be grounds for dismissal. In the event that some difficulty or grievance arises that cannot be settled between the parties directly concerned, this policy sets forth the procedures to be followed.

Definition: Grievance shall mean a complaint by an employee that there has been an alleged violation, misinterpretation, or misapplication of any of the provisions contained in the ICSD Policy Handbook.

Procedure: It is the intent of the District to attempt to resolve all grievances promptly, informally and confidentially, at the lowest possible administrative level, in accordance with the following procedure:

Level One – Principal

Step 1 – Oral Grievance

  • The employee with a grievance must first attempt to resolve it informally by discussing the issue with the principal within ten working days after the employee became aware of the act or condition upon which the grievance is based. The aggrieved person may have representation of their choice in this interview.
  • The principal shall have up to ten working days after thus learning of the grievance to consider the matter and give an answer orally to the employee.

Step 2 – Written Grievance

  • If the grievance is not resolved informally in Step 1, the teacher may file the grievance with the principal in writing within ten working days after receiving the answer in Step 1.
  • The written grievance shall:
    • Describe the nature of the grievance and the facts giving rise to it
    • Note the provisions alleged to be violated, misinterpreted, or misapplied and the position of the teacher with respect to such provisions
    • Include a summary of the oral exchange between the aggrieved person and the principal in the written grievance
    • State the specific remedy requested to resolve the grievance
  • The principal shall have up to ten working days after receiving the written grievance to investigate the matter, make a decision, and communicate the decision in writing to the aggrieved party.
Level Two – District Director

Step 1 – Appeal of Written Grievance to Appropriate District Director

  • If no mutually agreeable settlement is reached in Level One Step 2, the employee may file the written grievance with the appropriate District Director within ten working days after receiving the answer in Level One Step 2, requesting that the Principal’s decision be reviewed.
  • Within ten days after receiving the written complaint, the appropriate District Director will hold an interview with the aggrieved person. A representative selected by the aggrieved person and the aggrieved person will be invited to attend the interview.
  • The District Director will have up to ten working days after receiving the written grievance to investigate the matter, make a decision, and communicate the decision in writing to the employee.
Level Three – Superintendent

Step 1 – Appeal of Written Grievance to the Superintendent

  • If no mutually agreeable settlement is reached in Level Two Step 1, the employee may file the written grievance with the Superintendent within ten working days after receiving the answer in Level Two Step 1, requesting that the District Director’s decision be reviewed.
  • Within fifteen days after receiving the written complaint, the Superintendent will hold an interview with the aggrieved person. A representative selected by the aggrieved and the aggrieved person will be invited to attend the interview.
  • If the aggrieved person is not satisfied with the decision of the Superintendent, the aggrieved person may appeal in writing for a formal hearing by the Local School Board.
Level Four – School Board

Step 1 – Appeal of Written Grievance to the School Board

  • The aggrieved person may present the complaint to the Local School Board in a formal hearing. After such a board hearing, the decision of the board will be final. In the event new evidence is made available, the Local School Board may reopen the case at the request of either party.
Level Five – Litigation or statutory remedy as the law may provide
  • Aggrieved persons not satisfied with the decision of the board in Level Four Step 1 may be free to pursue such litigation or statutory remedy as the law may provide.

Reprisals. No reprisal of any kind will be taken by the Local School Board, the administration, associations, or by an employee against any of the participants in a grievance procedure by reason of such participation.

Grievance File. All documents, communications, and records dealing with grievances will be filed in a separate grievance file, housed at the district office, and will not be kept in the District personnel file of any of the participants.